Lower Elwha Klallam Tribe, 2851 Lower Elwha Road, Port Angeles, WA 98363 

RESOLUTION No. 139-19 

Approval of Interlocal Cooperation Act Agreement for Confinement of Lower Elwha 

Tribal Youth the Term of which shall be from October 1, 2019 through September 30, 

2021, with a Limited Waiver of Sovereign Immunity 

WHEREAS, the Lower Elwha Tribal Community, also known as the Lower Elwha Klallam 

Tribe (the "Tribe"), is a federally recognized, self-governing Indian tribe in accordance with the 

Treaty of Point-No-Point of January 26, 1855, its Constitution and By-laws, approved by the 

Secretary ofthe Interior on April 29, 1968, and the Indian Reorganization Act ofJune 18, 1934; 

and 

WHEREAS, the Lower Elwha Klallam Tribal Business Committee of the Lower Elwha 

Community Council is the constitutionally and duly elected representative body of the Tribe, and 

is responsible for ensuring the health, safety, education, welfare, social and economic 

development, law and order, judicial services, and housing of its tribal citizens; and to preserve 

and protect the culture, treaty rights, natural resources, and otherwise promoting the welfare and 

interests ofits tribal citizens; and 

WHEREAS, under Article IV, Section l(a) of the Tribe's Constitution, the Tribe has the 

authority to negotiate and enter into agreements with other Indian tribes, the State of Washington 

and others, and to manage the financial resources of the Tribe; and 

WHEREAS, the Tribe desires to engage the services of County of Clallam, a political 

subdivision of the State of Washington ("Clallam") for the purpose of assisting the Tribe by 

Clallam furnishing its facilities and personnel for the confinement ofjuvenile offenders from the 

Tribe. 

THEREFORE BE IT NOW RESOLVED THAT, that the Business Committee hereby 

approves the Interlocal Cooperation Act Agreement for Confinement of Lower Elwha Tribal 

Youth between the Lower Elwha Klallam Tribe and County of Clallam ("Agreement"), a copy of 

which is attached hereto and incorporated herein; and 

BE IT FURTHER RESOLVED, that in approving the Agreement, the Business Committee 

acknowledges and expressly approves the limited waiver ofthe Tribe's sovereign immunity 

within the Agreement under Paragraph 16; and 

DRAFT Resolution No. 139-19 

Approval of lnterlocal Cooperation Act Agreement for 

Confinement of Lower Elwha Tribal Youth the Term of which 

shall be from October 1, 2019 through September 30, 2021, 

with a Limited Waiver of Sovereign Immunity 

Page 1 of 2 
Lower Elwha Klallam Tribe, 2851 Lower Elwha Road, Port Angeles, WA 98363 

BE IT FURTHER RESOLVED, that the Business Committee acknowledges that Chairwoman 

Frances G. Charles, or Vice-Chair Russell N. Hepfer in her absence, is authorized and directed to 

execute the Interlocal Cooperation Act Agreement for Confinement of Lower Elwha Tribal 

Youth between the Lower Elwha Klallam Tribe and the County of Clallam; and 

BE IT FINALLY RESOLVED that the Business Committee acknowledges that the Lower 

Elwha Klallam Tribe's Police Chief, Samuel L. White, is authorized to take all actions 

reasonably necessary to effectuate the matters authorized in this resolution. 

CERTIFICATION 

The foregoing resolution was presented at a duly called meeting of the Lower Elwha Klallam 

Business Committee held on the L'A-0- day of 1):-9 s; 3,~W 2019, 

at which ~ members were present, constituting a quon,nn, and the Business 

Comrjttee voted to adopt by a vote of .;:>_. FOR, ~ AGAINST, and 

~ ABSTENTIONS. ---=\-,---

~t:~,~u~

Frances G. Charles, Tribal Chairwoman 

DRAFT Resolution No. 139-19 

Approval of lnterlocal Cooperation Act Agreement for 

Confinement of Lower Elwha Tribal Youth the Term of which 

shall be from October 1, 2019 through September 30, 2021, 

with a Limited Waiver of Sovereign Immunity 

Page 2 of 2 
INTERLOCAL COOPERATION ACT AGREEMENT FOR 

CONFINEMENT OF LOWER EL WHA KLALLAM TRIBAL YOUTH 

THIS Agreement is made and entered into by and between the COUNTY OF CLALLAM, a 

political subdivision of the State of Washington (hereinafter "CLALLAM"), and the LOWER 

ELWHA KLALLAM TRIBE, a sovereign, federally-recognized Indian Nation (hereinafter 

"TRIBE"), pursuant to RCW 39.34, Washington's Interlocal Cooperation Act. 

1. The Availability of Juvenile Corrections Facilities: CLALLAM agrees to furnish its 

facilities and personnel for the confinement ofjuvenile offenders from the TRIBE in the 

same manner and to the same extent as CLALLAM furnishes said services for the 

confinement of its own juveniles. CLALLAM Juvenile Corrections Facilities shall be 

made available and furnished for juvenile offenders from the TRIBE held upon an-est 

awaiting trial, and serving imposed detention terms. When at maximum capacity, housing 

ofjuvenile offenders from the TRIBE shall be al the discreti.on of the Director of Juvenile 

Services for CLALLAM or a designee. 

2. Juvenile Detention Daily Fee: For the period of this Agreement, the TRIBE agrees to pay 

CLALLAM a daily fee for the housing ofjuvenile while incarcerated at a rate of $130 per 

day per juvenile. The day shall begin at the time of admission and be calculated on 24-

hour intervals until final discharge. There shall be no pro-rating for partial days. 

3. Definition of Juvenile Offenders from the TRIB -: The phrase 'Juvenile Offender from 

the TRIBE" as used in this Agreement shall mean a child under the age of eighteen (18) 

and over the age oftwelve ( 12) arrested by law enforcement on behalf of the TRIBE and 

held and confined in the Juvenile Con-ections Facility pursuant to the alleged violation of 

a Tribal and/or State law which designates the crime for which the person is being held as 

a misdemeanor, gross misdemeanor, or felony. 

4. Medical and/or Other Health Care Expenses: Durjng the time and while a person is a 

juvenile offender from the TRIBE, the TRIBE shall be responsible for all medical, dental, 

mental health, and/or any other health related expenses incurred by or on behalf of the 

juvenile offender. lf, in the judgment of the Director or a designee, needed health care 

crumot be provided except outside of the Clallam ounty Juvenile Con-ections Facility 

CLALLAM will inform the TRIBE that a juvenile offender from the TRIBE is in need of 

outside care; and the TRIBE will aITange for the care to be provided and will transport 

and guard the juvenile during the provision of the care, during which time the juvenile 

wi ll be on temporary leave slatus and placed in the custody of the TRIBE'S law 

enforcement officers. In the event that emergency care is required such that it would 

endanger any person or otherwise be imprudent to wait for the TRIBE to arrange for care 

and to transport the juvenile CLALLAM will an-ange for s11ch emergency care and 

transport; and the TRIBE will bear the costs and charges associated with said outside 

health care including all additional costs associated with guarding the juvenile offender 

outside of the CLALLAM Juvenile Corrections Facility that cannot be provided by tribal 

officers. If such services are necessary before admission to the Juvenile Corrections 

Facility can occur, then the TRIBE agrees to arrange the car and transport of said 

juvenile offend r for the receipt of such car . 

5. Designated Ad11unistra ors: The Clallam County Juvenile Services Director, in 

consultation with the TRIBE Chief of Police shall administer this Agreement pursuant 

to RCW 39.34.030(4)(a). Each administrator or designee will consult with each other as 

required or annually regarding costs, fees, and charges; and regarding changes in policies, 

JUVENILE CORRECTIONS FACILITY USE AGREEMENT I 

LOWER ELWHA TRIBE 
practices, or procedures, which may affect the responsibilities of the other, and will try to 

resolve disputes between themselves or through their designated representatives. 

6. Method and Tim of Payment of Fee: Amounts due under the terms of this Agreement 

shall be due and payable within thirty (30) days after receipt of an itemi zed invoice. 

CLALLAM agrees to bill monthly for all sums. 

7. Financing: The TRIBE agrees to maintain a budget sufficient to cover any/all 

expenditures required under this Agreement. The TRIBE further agrees to provide the 

Coun ty with thi1ty (30) days advance written notice in the event that funding for this 

Agreement becomes unavailable. 

8. Transportation: The TRIBE shall be responsible for transportation of all its juvenile 

offenders to the Juvenile Con-ections Facility for initial intake, to and from appointments 

as necessary, and upon final release. 

9. Copy of Arrest Warrant or Citation: The TRIBE law enforcement officers placing 

criminally charged juveniles in the Clallam County Juvenile Corrections Facility shall, in 

every instance furnish ru1 arrest warrant or copy of the citation to the Corrections Officer 

on duty at the time the youth is brought to the facility. 

10. Transfer of Custody: The TRIBE law enforcement officers or law enforcement officers 

acting on behalf of the TRIBE placing airested juveniles in custody shall be required to 

remain in the immediate presence of the juvenile offender and shall be con ider d to have 

such person in their sole custody until the conections ofiicer receives the completed 

authorization for confinement fom1 from the TRIBE officer and audibly stales that the 

juvenile is secured and, at such time and only then, will CLALLAM come into custody of 

the juvenile; provided provision for emergency situations shall be established by uniform 

CLALLAM administrative regulations. 

When custody of a juvenile offender from the TRIBE is transferred to CLALLAM, the 

juvenile offender shall be subject to all applicable rules, regulations, and standards 

governing operation of the Juvenile Corrections Facility, including any emergency 

security rules imposed by the Director or a designee. Any TRIBE law enforcement 

officer delivering a juvenile offender to the Juvenile Con-ections Facility shall comply 

with all rules and regulations of CLALLAM. 

When a juvenile offender from the TRIBE is released to the TRIBE law enforcement 

personnel pursuant to paragraph 14, or is released to TRIBE law enforcement for any 

other reason, custody of and responsibility for said juvenile offender shall revert to the 

TRIBE until such time as the juvenile is returned to the Juvenile Co1Tections Facility and 

a con-ections officer audibly states that the juvenile offender is again in CLALLAM'S 

custody. 

11. Record Keeping: CLALLAM agrees to maintain a system of record keeping relative to 

the intake and confinement of each juvenile offender from the TRIBE in such style and 

manner as equivalent to CLALLAM'S records pertaining to its own juveniles. 

CLALLAM shall make available, upon request, to the TRIBE or its authorized 

repre. entatives, copies of said record. At the time of incarceration, or any time thereafte r, 

the TRIBE agrees to furnish appropriate legal records pertaining to the confinement of 

the juvenile and any such records necessary for the continued holding of said juvenile. 

JUVENILE CORRECTIONS FACILITY USE AGREEMENT 

LOWER ELWHA TRIBE 2 
12. Posting of Bail: CLALLAM agrees to act as agent for the TRIBE in the receipt of bail 

posted pertaining to juvenil e offenders from the TRIBE. During normal worki ng .bours 

LALLAM agrees Lo diligently and timely inform the TRIBE of such receipt and to turn 

over said bai l bonds or monies to the appropri ate court provided that bail bonds or 

mon ies received by LALLAM during other than nom1al working hours shall be turned 

over to the appropriate court during the business hours immediately sub equent thereto . 

Any monies refused for receipt by the appropriate cou11 shall be returned to the posting 

pru1y as soon as practical. It shall be the responsibility of the TRIBE to send a 

representative to Clall am County Juvenile & Family Services to collect said bail bonds or 

monies during regular business hours. 

13. Access to Juveniles: The TRIBE law enforcement officers and prosecutor shall have the 

right to interview juvenile offenders at any time inside the confines of the Juvenile 

Corrections Facility, subject only to necessary security rules. Interview rooms will be 

made available to TRIBE law enforcement officers in equal priority with those of any 

other law enforcement department. 

14. Release of TRIBE Juvenile Offenders: No juvenile offender from the TRIBE confined in 

the Juvenile Conections Facility shall be released therefrom, except under any of the 

following conditions: 

a) when requested by TRIBE law enforcement; 

b) by order ofthe Lower Elwha Klallam Tribal Court; 

c) for apperu·ance in the court in which the juvenile offender is charged; 

d) in compliance with a writ of habeas corpus; 

e) for interviews by the TRIBE prosecuting office or law enforcement, or the U.S. 

Attorney or federal investigative agents; 

f) if the juvenile has served his sentence or the charge pending against said juvenile has 

been dismissed, or bail or other recognizance has been posted as required by court; 

g) the juvenile offender does not meet detention criteria as outlined in RCW 

13.40.038; 13.40.040, and 13.40.050 and standard detention criteria; 

h) a juvenile in need of non-emergency care on temporary leave and placed in the 

custody ofthe TRIBE under paragraph 4. 

15. Defense and Indemnity Agreement: CLALLAM assumes full responsibility for the 

health, safety, and safekeeping of all juvenile offenders from the TRIBE while in the 

custody of CLALLAM. CLALLAM shall defend, indemnify, and hold harmless the 

TRJBE ru1d its elected officials officers, agents, and employees, or any ofthem, from any 

and all claims, actions, suits liability, loss costs, expenses, and damages of any nature 

whatsoever, by reason or of arising out of any negligent action or omission of 

CLALLAM, its officers, agents, and employees, or any of them. In the event that nay 

suite based upon such a claim, action, loss, or damage is brought against the TRIBE, 

CLALLAM shall defend the same at its sole cost and expense; provided that the TRIBE 

retains the right to participant in said suit if any principle of governmental or public 

a11d/or tribal law is involved· and if final judgment be rendered against the TRIBE, its 

officers, agents and employees or any of them, or jointly against the TRIBE and 

CLALLAM and their respective officers, agents, and employees, or any of them, 

CLALLAM shall satisfy the same. 

The TRIBE sha ll defend ind mnify and hold harmless CLALLAM and its elected 

officials, officer , agents and employees, or any of them, from any and all claims, 

actions, su its, liability, loss costs, expenses, and damages of any nature whatsoever, by 

reason of or arising out of any negligent act or omission of the TRIBE, its officers, 

agents, and employees, or any of them. In the event that any suit based upon such a 

JUVENILE CORRECTIONS FACILITY USE AGREEMENT 

LOWER ELWHA TRIBE 

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claim action, los , or damage is brought against CLALLAM the TRJBE shall defend the 

same it its sole cost and expense; provided that CLALLAM retains the right to participate 

in said suit if any principle of governmental or public laws is involved; and if final 

judgment be rendered agai nst LALLAM, its officers agents and employees, or any of 

the or jointly against CLALLAM and th TRIBE and their respective officers, agents, 

and employees or any of them, the TRI E shall satisfy the same. 

In executing this Agreement, CLALLAM does not assume liability or responsibility for 

or in any way release the TRIBE from any liability or responsibility which arises in 

whole or in part from the existence or effect of TRIBAL ordinances rules, or regulations. 

If any cause, claim, suit, action, or administrative proceeding related to this agreement is 

commenced against CLALLAM in which the enforceability and/or validity of any such 

TRIBAL ordinance, rule, or regulation is at issues and/or in which the legality of this 

Agreement is at issues, the TRIBE shall defend the same at its sole expense and if 

judgment is entered or damages are awarded against CLALLAM the TRIBE shall satisfy 

the same, including all chargeable costs and attorney's fees. 

In executing this Agreement, the TRJB ~ does not assume liability or responsibility for or 

in any way release LALLAM from any liability or responsibility which arises in whole 

or in part from the existence or effect of CLALLAM ordinances, rules or regulations. If 

any cause, claim, suit, action, or administrative proceeding related to this agreement is 

commenced against the TRIBE in which the enforceability and/or validity of any such 

CLALLAM ordinance, rule, or regulation is at issues, and/or in which the legality of this 

Agreement is at issues, CLALLAM shall defend the same at its sole expense and if 

judgment is entered or damages are awarded agajnst the TRIBE, CLALLAM shall satisfy 

the same, including all chargeable costs and attorney's fees. 

16. Limited Waiver of Sovereign Immunity: For claims and demands both related to this 

Agreement and brought by or against CLALLAM, the TRIBE authorizes a limited waiver 

of sovereign immunity from suit to establish its liability, if any, arising under this 

Agreement, and to defend, indemnify, and save hannless CLALLAM by reason of any 

and all claims and demands, as set fo1th herein. This limited waiver of immunity is 

limited to the provisions of the Agreement and shall survive the termination or expiration 

date of this Agreement. Venue for any action filed against the TRIBE under this limited 

waiver of immunity shall be in the United States District Court, Western District of 

Washington, or if that court lacks jurisdiction, then in the Superior Court for Thurston 

County. 

Nothing in this Agreement shall be construed to authorize any suit, execution, 

attachment, or judicial process against the persons or property of the TRIBE or any of its 

officers, agents, or employees, or against the TRIBE' S Business Committee or any 

member thereof, other than as specifically set forth above. 

In addition, to tbe extent not already waived by the provision of existing law 

CLALLAM as a political subdivi ion of the State, hereby waives any sovereign 

immunity it possesses soleJy for the purpose of permitting suit to establish its liability if 

any, arising under this Agreement, and to defend indemnify, and save harmless the 

TRIBE by reason of any and all claims and demands, as set forth herein. Venue for any 

action filed against CLALLAM shall be in the United States District Court, Western 

District of Washington or, if that court lacks jurisdiction, then in the Superior Court for 

Thurston County. 

JUVENILE CORRECTIONS FACILITY USE AGREEMENT 

LOWER ELWHA TRIBE 4 
17. Attorney's Fee : In the event litigation concerning this Agreement becomes necessary, 

the prevailing pa11y, in addition to costs, shall be entitled to a reasonable attorney's fee 

set fo11h by the applicable com1. 

18. Duration of Agreement: This Agreement shall be effective beginning October 1, 2019, 

and expire on September 30, 2021. 

19. Termination: Either pa11y may terminate this Agreement with a minimum of thi11y (30) 

days written notice. In the event of termination, the parties agree that there will not be 

any property requiring disposition. 

20 . Detention Rules and Regul ations: At the time that the custody of the juvenile offender 

from the TRIBE is transferred to CLALLAM, the juvenile offender shall be subject to all 

applicable rules, regulations, and standards governing operation of the CLALLAM County 

Juvenile Corrections Facility. 

21. Severability: If any provision of this Agreement shall be held invalid, the remainder of 

this Agreement shall not be affected thereby if such remainder would then continue to 

serve the purposes and objectives of both parties. 

22. Entire Agreement and Amendments: This Agreement contains the entire agreement of 

the parties and may be modified only by mutual written agreement ofthe parties hereto. 

LOWER ELWHA KLALLAM TRIBE: 

c--:$~'\...O~ U,M\io/

Frances G. Charles Chairwoman 

ATTEST: 

1ittee Member Lower Elwha Klallam Tribal Attorney 

CLALLAM COUNTY COMMISSIONERS: 

ATTEST: 

APPROVED AS TO FORM: 

CLALLAM JUVENILE SERVICES 

APPROVED AS TO FORM: 

JUVENILE CORRECTIONS FACILITY USE AGREEMENT 

LOWER ELWHA TRIBE 

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